Cases + Statutes

Question 1

Thomson v Thomson’s Trustees 1868

Answer 1

Rebuttable presumption to contracts devoid of consideration, when services are provided, there is an expectation of remuneration.

Question 2

Turner v Sawdon 1901

Answer 2

Employer under duty to pay wages in return for employee services
Employee is in no position to complain in situations where employer pays wages but doesn’t provide any work for employee to undertake.

Question 3

Collier v Sunday Refereeing Publishing Co 1940

Answer 3

Provides context to Turner v Sawdon 1901 - “provided I pay my cook her wages regularly, she cannot complain if I take any or all my meals out.

Question 4

ERA 1996

Answer 4

Outlines employer must not make deductions from employee wages or receive any payments, unless in 3 scenarios
1) Deduction authorised by a statutory provision - pay as you earn
2) Deduction authorised in employee contract - pension contribution
3) Worker has agreed to deduction in writing and in advance

Question 5

McCormack v Hamilton Academical FC 2010

Answer 5

Example for treating employees with respect
Employee may feel they can no longer remain in employment and feel resignation may be their only option.

Question 6

Collier v Sunday Referee Publishing 1940

Answer 6

Duty to provide work - reference to contracts where piece work is a fundamental part

Question 7

William Hill v Tucker 1998

Answer 7

Inactivity of employee might affect their skills and/or their knowledge

Question 8

Herbert Clayton & Jack Weller Ltd v Oliver 1930

Answer 8

Failure to provide work could result in a loss of reputation/publicity

Question 9

Wilson & Clyde Coal v English 1937

Answer 9

Held that a coal worker was injured in an accident due to employers failure to take reasonable care for safety of the employee

Question 10

Ealker v Nurthumberland County Council 1995

Answer 10

Need for competent supervisors to oversee workers especially in the case of inexperienced employees